[Adopted 9-28-1999, effective 10-8-1999 (Section 1.00 of Part XI
of the 1991 Codification as updated through 6-1-1996)]
The Town of Barnstable adopts the following regulation, under its authority as specified in §
381-3, as a preventive measure for the purpose of preserving and protecting the Town of Barnstable's drinking water resources from discharges of pollutants to the ground via floor drains, and minimizing the threat of economic losses to the Town due to such discharges.
The Town of Barnstable Board of Health adopts the following regulation
pursuant to authorization granted by MGL C. 111 §§ 31 and 122.
The regulation shall apply, as specified herein, to all applicable facilities,
existing and new, within the Town of Barnstable.
For the purposes of this regulation, the following words and phrases
shall have the following meanings:
COMMERCIAL AND INDUSTRIAL FACILITY
A public or private establishment where the principal use is the
supply, sale, and/or manufacture of services, products, or information, including
but not limited to, manufacturing, processing, or other industrial operations;
service or retail establishments; printing or publishing establishments; research
and development facilities; very small or large quantity generators of hazardous
waste; laboratories; hospitals.
DEPARTMENT
The Massachusetts Department of Environmental Protection.
DISCHARGE
The accidental or intentional disposal, deposit, injection, dumping,
spilling, leaking, incineration, or placing of toxic or hazardous material
or waste upon or into any land or water so that such hazardous waste or any
constituent thereof may enter the land or waters of the commonwealth. Discharge
includes, without limitation, leakage of such materials from failed or discarded
containers or storage systems and disposal of such materials into any on-site
leaching structure or sewage disposal system.
FLOOR DRAIN
An intended drainage point on a floor constructed to be otherwise
impervious which serves as the point of entry into any subsurface drainage,
treatment, disposal, containment, or other plumbing system.
LEACHING STRUCTURE
Any subsurface structure through which a fluid that is introduced
will pass and enter the environment, including, but not limited to, dry wells,
leaching catch basins, cesspools, leach fields, and oil/water separators that
are not watertight.
OIL/WATER SEPARATOR
A device designed and installed so as to separate and retain petroleum-based
oil or grease, flammable wastes as well as sand and particles from normal
wastes while permitting normal sewage or liquid wastes to discharge into the
drainage system by gravity. Other common names for such systems include MDC
traps, gasoline and sand traps, grit and oil separators, grease traps, and
interceptors.
TOXIC OR HAZARDOUS MATERIAL
Any substance or mixture of physical, chemical, or infectious characteristics
posing a significant, actual, or potential hazard to water supplies or other
hazards to human health if such substance or mixture were discharged to land
or water of the Town of Barnstable. Toxic or hazardous materials include,
without limitation, synthetic organic chemicals, petroleum products, heavy
metals, radioactive or infectious wastes, acids and alkalis, and all substances
defined as toxic or hazardous under Massachusetts General Laws (MGL) Chapter
21C and 21E or Massachusetts hazardous waste regulations (310 CMR 30.000),
and also include such products as solvents, thinners, and pesticides in quantities
greater than normal household use.
With the exception of discharges that have received (or have applied
and will receive) a Department-issued permit prior to the effective date of
this regulation, no floor drain(s) shall be allowed to discharge, with or
without pretreatment (such as an oil/water separator), to the ground, a leaching
structure, or septic system in any industrial or commercial facility if such
floor drain is located in either:
A. An industrial or commercial process area;
B. A petroleum, toxic, hazardous materials, or waste storage
area; or
C. A leased facility without either A or B of this section,
but in which the potential for a change of use of the property to a use which
does have either A or B is, in the opinion of the Board of Health, sufficient
to warrant the elimination of the ground discharge at the present.
Failure to comply with provisions of this regulation will result in
the levy of fines of not less than $200, but no more than $1,000. Each day's
failure to comply with the provisions of this regulation shall constitute
a separate violation.
Each provision of this regulation shall be construed as separate to
the end that, if any provision, or sentence, clause or phrase thereof, shall
be held invalid for any reason, the remainder of that section and all other
sections shall continue in full force and effect.